There are more legal changes coming January 1, 2026 for Ontario’s construction industry. Following an independent review of the Construction Act, the government has introduced amendments to holdback practices and the adjudication process, among others. These changes are designed to increase payment certainty, reduce disputes, and modernize how projects are…
News & Resources
No Proof of Mould Toxicity: Ontario Court Dismisses $6M Claim Against Landlord
In Faulkner Real Estate Ltd. v. Sakto Corporation (2025 ONSC 1158), Kelly Santini LLP’s John Melia and Kara Takagi successfully represented the defendants, Sakto Corporation and Waterford Property Group Ltd., in defending a $6 million claim brought by Judy Faulkner and her brokerage, Faulkner Real Estate Ltd. The plaintiffs alleged that water…
A Year to Hold Back the Holdback
In Fall 2024, Ontario announced upcoming amendments to the Construction Act, following a five-year review of the broad changes implemented during 2018 and 2019. Perhaps the most significant upcoming change is the decision to impose mandatory expiry of liens and release of holdback on an annual basis: each year, all…
New Year Brings New Building Code to Ontario
As of January 1, 2025, the 2024 Ontario Building Code will officially take effect. However, transition rules allow for the submission of new building permit applications under the existing 2012 Code until April 1, 2025, provided that applicants can demonstrate that their working drawings were substantially complete by December 31,…
Not Just Provincial: Adjudications Extending to Federal Projects
The Ontario Construction Act (the “Ontario Act”) introduced construction adjudications in late 2019. Since then, there has been an increasing uptake of adjudications in Ottawa, and across Ontario. Between 2022 and 2023, the number of construction adjudications commenced in Ontario more than doubled, with 269 adjudications being commenced in 2023,…